Search Results for "Partition deed"

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Search Results for "Partition deed"

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High Court

Bombay High Court Dismisses Partition Appeal Due to Lack of Evidence of Joint Family Property. The court held that the plaintiffs failed to prove that the suit property was ancestral or joint family property, and the suit was barred by limitation under Article 65 of the Limitation Act, 1963.

9 Dec 2014

The appellants (plaintiffs) filed a suit for partition of property claiming it was ancestral/joint family property. The trial court dismissed the suit...

High Court

High Court of Karnataka Upholds Constitutional Validity of Explanation to Section 6(5) of Hindu Succession (Amendment) Act, 2005 — Partition by Execution of Registered Deed or Court Decree is Valid and Not Unconstitutional. The court held that the Explanation defining partition as only by registered deed or court decree is within legislative competence and does not violate fundamental rights.

19 Feb 2015

The petitioners, legal representatives of the original petitioner Puttalinganagouda @ Veeranagouda B Patil, filed a writ petition under Articles 226 a...

High Court

Bombay High Court Allows Writ Petition Challenging Stamp Duty Reassessment — Prior Agreement Valuation Binding. Sale Deed Executed in Conformity with Assessed Agreement Cannot Be Reopened Under Section 31A of Indian Stamp Act, 1899 (Goa Amendment).

29 Jan 2024

The petitioners, Mr. Sameer Vasudev Morajkar and Mrs. Prithvi B. Dessai, executed a sale deed dated 16.12.2020 in respect of property measuring 1900 s...

High Court

High Court of Karnataka Partly Allows Partition Appeal in Family Property Dispute — Upholds Trial Court's Decree for Partition of Joint Family Properties Except for Certain Items. The court held that the presumption of jointness in a Hindu family continues until rebutted, and the appellants failed to prove that the properties were self-acquired.

21 Jul 2015

The case involves a partition suit filed by the respondents (daughters and mother) against the appellants (sons) seeking partition of joint family pro...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Holds That Sale of Joint Family Property by Karta Without Legal Necessity Is Voidable. The Court restored the trial court's preliminary decree granting one-half share to the Plaintiff in the suit land, rejecting the claim that the land was self-acquired.

23 Mar 2017

The case involves a partition suit filed by the original Plaintiff (Respondent No.1) against Defendant No.1 (since deceased, represented by legal heir...

Supreme Court

Supreme Court Dismisses Plaintiff's Appeal in Partition Suit Based on Res Judicata and Invalid Will. The suit was barred under Section 11 of the Code of Civil Procedure, 1908, as prior litigation had conclusively established a valid partition in 1964, extinguishing the testator's ownership rights and rendering the will ineffective.

27 Jan 2022

The dispute originated from a partition suit filed by the plaintiff, who claimed a one-fourth share in joint family properties based on a will execute...

High Court

Karnataka High Court Allows Partition Appeal in Co-owner Dispute — Rejects Adverse Possession Claim. Court holds that a co-owner cannot claim adverse possession against another co-owner without ouster, and a suit for partition is not barred by limitation under Article 65 of the Limitation Act, 1963.

21 Oct 2019

The case involves a family dispute over property originally owned by M.A. Mohammed Ayoob. The appellant, Mohammed Hussain, filed a suit for partition ...

High Court

Bombay High Court Nagpur Bench Considers Second Appeal in Partition Suit Involving Joint Family Property and Competing Claims Under Two Wills. The Court Examines the Effect of a Prior Family Settlement and Memorandum of Partition on the Plaintiff’s Right to a Share in the Estate of the Deceased Female Coparcener.

4 Apr 2016

Background — The dispute concerned joint family properties left by Jethmalji, who died in November 1956, survived by his widow Smt. Heerabai and ste...

High Court

Bombay High Court Hears Second Appeal Against Partition Decree; Challenge to Lower Appellate Court's Grant of 1/4th Share in Joint Family Properties. Plaintiff Claimed Share via Will but Court Rejected Will Yet Allowed Partition, Now Appellants Contend Family Settlement Extinguished All Shares.

4 Apr 2016

The second appeal before the Bombay High Court arises out of a partition suit. The plaintiff, Smt. Sushila, filed a suit for declaration, partition, a...

High Court

Bombay High Court Allows Second Appeal in Land Title Dispute — Oral Partition and Contribution to Purchase Price Establish Co-ownership. The court held that the appellant-plaintiff proved his title to the suit land based on oral partition in 1955 and contribution to the purchase price under the Bombay Tenancy and Agricultural Lands Act, 1948.

13 Jan 2011

The appellant, Nathu Narayan Jadhav, filed Civil Suit No.150 of 1975 seeking declaration of title, possession, and injunction regarding 1 acre 19 gunt...

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